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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2171
Experience:  Practicing Attorney with 10 years experience
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In 2009 I regrettingly signed papers giving up my girls. Now

Customer Question

In 2009 I regrettingly signed papers giving up my girls. Now I have heard that the grandparents (on the fathers side) who they have been living with, one has cancer very bad and the other isn't able to keep up with them. I am doing pretty well and I'm in a better position to take care of them now. I want to know what I can do because I want them back?
Submitted: 1 year ago.
Category: Family Law
Expert:  Asad Rahman replied 1 year ago.

Did you terminate your parent child relationship or did you simply give them legal custody?

Customer: replied 1 year ago.
the grand parents adopted them...
Expert:  Asad Rahman replied 1 year ago.

That will be tougher to do but courts always prefer that biological parents be caretakers of their children. If they voluntarily agree to give you custody, that would be optimal, otherwise you would have to file for guardianship in court.

Customer: replied 1 year ago.
I was told that but as we moved out of state I was also told then I would need a couple witnesses and I don't have anyone that would be willing to do that. I cant count on the grandparents because they have been against me in the past and seem to have an idea in place not including me
Expert:  Asad Rahman replied 1 year ago.

Any friend of yours who could even execute an affidavit if they are not able to travel for a court hearing would be sufficient.

Customer: replied 1 year ago.
neither seem to be willing... what can I do on my own?
Expert:  Asad Rahman replied 1 year ago.

I would say go ahead and file and let the judge determine. Like I said, there is a strong presumption towards the biological mother. Would your employer be willing to execute an affidavit?

Customer: replied 1 year ago.
I am not yet working, am looking for a job now that my son is back in school.
Expert:  Asad Rahman replied 1 year ago.

I see. Go ahead and file then.

Customer: replied 1 year ago.
we do have survivor benefits that is our main source at the moment, will that be good enough?
Expert:  Asad Rahman replied 1 year ago.

That can be but the court would probably want you to have a steady job.

Customer: replied 1 year ago.
what would you say are my chances in having them with me again?
Expert:  Asad Rahman replied 1 year ago.

It is hard to predict something like that. Like I said, the courts do like the biological parents to remain involved with the children so that works in your favor.

Expert:  Asad Rahman replied 1 year ago.

Let me know if you have any additional questions. Otherwise a positive rating would be appreciated.